Texas Southmost College Files Lawsuit

(BROWNSVILLE) December 12, 2013 – The Texas Southmost College Board of Trustees approved a motion to move forth with a lawsuit to address issues involving the Texas Southmost College Foundation's intention to change its Bylaws and Articles of Incorporation. The legal action was necessary to preserve the assets of the Foundation for TSC and its students. According to Dr. Lily F. Tercero, President of Texas Southmost College, "It is extremely disappointing that we have been forced to take legal action to preserve the intent and purpose of a foundation that was originally created to support only TSC."

The original Foundation Articles of Incorporation clearly define that the purpose of the TSC Foundation is to "support and enhance the role and mission of TSC." The Foundation Articles of Amendment, Section 5.3, further provide that, "...no activities shall be carried on, or distributions or applications of funds or property made...which are not made for the benefit of Texas Southmost College, for the support of its educational and public activities and programs or otherwise for the purposes necessary in the conduct by Texas Southmost College of its function as a public school."

According to President Tercero, the College attempted over the last year-and-a-half to address questions brought forth regarding the TSC Foundation's purpose. However, the TSC Foundation Board of Directors meeting, which is scheduled for Friday, December 13, 2013, 11:30 a.m., at the TSC Arts Center, includes an agenda item to consider and take action on "...Proposed Amendments to the Bylaws and Articles of Incorporation of TSC Foundation as Recommended made by the Bylaws Committee," which would permit the assets of the Foundation to be used for other purposes.

The TSC Foundation was formed in 1984, prior to the establishment of the UTB/TSC Partnership. As with many other matters relating to the UTB/TSC Partnership, the TSC Foundation remained intact and operational throughout the period of partnership—with its original intent and purpose.

About Texas Southmost College
Originally established in 1926, Texas Southmost College entered into a contractual agreement with The University of Texas System in 1991. As of fall 2013, Texas Southmost College became independently operational as a fully comprehensive public community college and is in the process of seeking separate accreditation. Texas Southmost College offers the first two years toward a bachelor's degree along with career and technical education leading to certificates and associate degrees, developmental education to prepare students for college-level work, workforce training, and continuing education.

Accompanying Documents

pdfQuestions and Answers on TSC Foundation Issue

pdfTSC Foundation Amended Bylaws - Feb 10, 1998

pdfTSC Foundation Articles of Incorporation - Original and Amended